Black Cannabis WSLCB Lawsuit Exposes Seattle and Washington Racism, Cronyism and Corruption Shelton Et Al. v. WSLCB 3:22-Cv-05135-BHS

END CANNABIS OPPRESSION
AGAINST MEDICAL AND BLACK PROVIDERS
Current WSLB Director Rick Garza, Jim Vollendroff, Ollie Garrett, Chair David Postman
Smiling faces tell lies: Others have harmed more but they continue the Grand Tradition
Rick Garza has been employed in a power position with LCB/WSLCB for twenty-five (25) years.
In his tenure as Director the WSLCB disfranchised most medical cannabis providers and *ALL* Black
medical cannabis providers. This follows history of WSLCB and the City of Seattle enforcing racist policy
that the 9th Circuit Court of Appeals recognized in RK Ventures v. City of Seattle, 307 F.3d 1045, 1058
(9th Cir. 2002).
As a result of the WSLCB there are now ZERO Black-owned recreational stores in Seattle out of 50. This
Agency was warned a decade ago that i502 would result in this situation. They knew it again when
SB5052 was used to kick out the medical providers.
Today the WSLCB and its cronies selectively decide who will get to play in the game. Some of them even
stole the name and goodwill of Black Excellence in Cannabis to do so in the so-called “Equity”
movement. There is no Equity. Cannabis Attorney Michael S. Reid filed a Sworn Declaration that
WSLCB’s policies harmed Blacks more than whites; no Blacks got licenses after the i502 “lottery” that
NAACP Economic Chair Darrell Powell labeled “a sham” before the NAACP and ACLU then actually
ignored us in favor of WSLCB cronies. These cronies Peter Manning and Mike Asai then stole the Black
Excellence in Cannabis name & goodwill from Aaron Barfield, and also many other True Stories to tell.
PENDING LAWSUITS THAT THE MEDIA WILL NOT ADDRESS

Shelton and Saad v. WSLCB et al. https://tinyurl.com/3e78969r
King v. Black Excellence: https://tinyurl.com/mry7hafv
Read More at Change.Org: https://tinyurl.com/34skpzx6
No. 22-35647
IN THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT
JAMES K. SHELTON, BEN SHELTON III AND SAMI SAAD
Plaintiffs-Appellants,
v.
LIQUOR AND CANNABIS BOARD

OF THE STATE OF WASHINGTON ET AL.,
Defendants-Appellees.
REPLY BRIEF OF PLAINTIFFS-APPELLANTS

22-217896-5 SEA
On Appeal from the United States District Court

Western District of Washington
No. C22-5135 BHS
_________________________
James Kevin Shelton et al.
22832 26th Ave S.
Des Moines WA 98198
APPELLANTS PRO SE
TABLE OF CONTENTS...................................................................................................................i
TABLE OF AUTHORITIES............................................................................................................ii
ARGUMENT.......................................................................................................................................1
1. Appellee Argument Summary………………………………………………………………2

2. Appellant Argument Summary:1
A. The Statute of Limitations did not Run Owing to SB5052 Ongoing
Nondelegable Mandate and RK Ventures, Inc. v. City of Seattle, 307 F.3d
1045, 1058 (9th Cir. 2002). ……………………………………………2
B. The Statute of Limitations has not Run on any Cronyism or Racketeering

Claim because Plaintiffs’ Primary Argument Stems from Year 2020
Activity and Continues Now with Theft and Misappropriation of Black
Excellence in Cannabis Trade Name………………………………….…4
C. The Statute of Limitations is Met with Ongoing Equal Protection

Concerns Amidst Non-Black Compassion Clubs………………………..6
D. The Lower Court was Completely Wrong Because Appellant Saad

Definitely Applied for an i502 Recreational License……………………8
E. Defendants Garza and Hobbs are Not, Ipso Facto, Entitled to Qualified
Immunity……………………………………...………………………….9
LAW AND ARGUMENT………………………………….………………….11
CONCLUSION ……………………………………………………………….13
CERTIFICATE OF SERVICE………………………………………………...14
1
There is a lot of overlap between the Assignments of Error. For the sake of easy reading please apply every point
made from the preceding section to the next because it is cumulative.
i
TABLE OF AUTHORITIES
Cases
RK Ventures, Inc. v. City of Seattle, 307 F.3d 1045, 1058 (9th Cir. 2002)...............2
Knox v. Davis, 260 F.3d 1009, 1014 (9th Cir. 2001)................................................4
Rizo v. Yovino, No. 16-15372, (9th Cir. 2018) ………......................................11,12
Statutes
Sec. 6. RCW 69.50.331 and 2013 c 3 s 6 are: ..........................................................3
SB 5052......................................................................................................................3
Pierce County Ordinance No. 2015-27s....................................................................7
i502 ........................................................................................................................8,9
RCW §42.56..............................................................................................................9
Media and Treatises
https://www.scribd.com/document/554489396/Cornell-Turbulent-History-of-
Cannabis-Regulatory-Enforcement-in-Washington-State-Final-7121
The Turbulent History of Cannabis Regulatory Enforcement in Washington

State
Christine Masse, Daniel J. Oates, Christopher Lynch, Andrew G. Murphy,

Danielle Hunt,Vanessa L. Wheeler & Vanessa Williams-Hall
Cornell Journal of Law and Public Policy Winter 2022……………………….…10
Savage v. State 127 Wn.2d 434, 899 P.2d 1270 (WA 1995)………….………….11
ii
NOW COME PLAINTIFFS-APPELLANTS to respectfully note that
the Appellees have not directly addressed any of Appellants’ primary points
of law and argument. To wit:
1. Appellee Argument Summary:
Appellees claim that the individuals involved are protected by
Qualified Immunity and that the Statute of Limitations eclipses all Claims,
and that Appellants abandoned their life-long Hopes and Dreams. This is so
ludicrous as to defy comprehension; it is a legal and factual fiction set forth
by the same Lower Court that falsely claimed that Appellant Saad didn’t
even file for an i502 license.
Conspicuous by absence is any real substantive analysis, case law or
argument that actually goes to the core of the case, including the major
factors seen below.
2. Appellant Argument Summary:1
A. The Statute of Limitations did not Run Owing to SB5052 Ongoing
Nondelegable Mandate and RK Ventures, Inc. v. City of Seattle,
307 F.3d 1045, 1058 (9th Cir. 2002).
First of all, as previously noted, there is no credence to the Defense that

SB5052 carried some sort of finite end. To assume that is to assume that the
Legislature intended an absurd result, i.e. the Statue gets an indefinite pass
on the clear mandate. The first rule of Statutory Construction however, is
that the Legislature did not intend an absurd result, but then again the
position that all of the Blacks are in – 4 out of 556 licensees in the entire
State are Black – is absurd.

1 There is a lot of overlap between the Assignments of Error. For the sake of easy reading please
apply every point made from the preceding section to the next because it is cumulative.
2
And same with many many cooperatives and other as well, just not as
bad as with Blacks AS NOTED BY ATTORNEY DECLARATION of
Michael S. Reid, the Attorney who opened more medical cannabis
dispensaries than any other. Previously-filed.
Again:
How Washington State Screwed Over Its Medical Marijuana Dispensaries A

Loophole in the Recreational License Application Process Created a Black
Market for Dispensary Employee Pay Stubs and Left Longtime Dispensary
Operators in the Dust
by Tobias Coughlin-Bogue
As a result of SB 5052, which mandated that the medical marijuana market

be folded into the recreational one, the WSLCB was instructed to open a
new round of retail cannabis licensing and "develop a competitive, merit-
based application process that includes, at a minimum, the opportunity for
an applicant to demonstrate experience and qualifications in the marijuana
industry."2
***********

2
Sec. 6. RCW 69.50.331 and 2013 c 3 s 6 are each amended to read as follows:
(1) For the purpose of considering any application for a license to produce, process, or sell marijuana, or for
the renewal of a license to produce, process, or sell marijuana, the state liquor ((control)) and cannabis
board must conduct a comprehensive, fair, and impartial evaluation of the applications timely received.
(a) The state liquor and cannabis board must develop a competitive, merit-based application process that
includes, at a minimum, the opportunity for an applicant to demonstrate experience and qualifications in the
marijuana industry.
3
Next, as noted in Appellant’s first Supplemental Authority RK Ventures
held that discrete acts subsequent to the expiration of Statute is actionable.
Third, appellants contend that the withdrawal of the settlement offer on
December 5 constitutes a discrete act falling within the limitations
period. We agree. This was a separately actionable act on the part of the
City. Rather than being the inevitable consequence of an earlier decision,
this decision was the result of "independent consideration." Knox v.
Davis, 260 F.3d 1009, 1014 (9th Cir. 2001). Appellants have, therefore,
asserted at least one allegedly unconstitutional discrete act falling within
the limitations period.3
The Appellee’s arguments here are completely unavailing. It is what it is.
First, again from Section VI of Appellants’ Opening Brief:
B. The Statute of Limitations has not Run on any Cronyism or

Racketeering Claim because Plaintiffs’ Primary Argument Stems
from Year 2020 Activity and Continues Now with Theft and
Misappropriation of Black Excellence in Cannabis Trade Name.
Again, no specific response from Appellees so these allegations

and arguments must stand, again from Section VI:
“….had the Lower Court been paying attention instead of substituting

its own Judgment it would have seen that the primary racketeering
argument stems from – again – Uncontroverted Declarations,
substantiated by phone records and emails, that show how a set of
WSLCB cronies including Eli Lilly VP and local hob-nobber and
Robber Baron Nate Miles, former Commissioner of African-American
Affairs Paula Sardinas, Chris Bennett, Thomas Williams and WSLCB

3
Interestingly enough, Bradley Bagshaw – husband of perennial City Council Member Sally Bagshaw - -
was lead Counsel for Plaintiffs-Appellants. So the Powers-that-Be are fully aware that this type of unlawful
discriminatory conduct occurs in Western Washington. The Bagshaws themselves however have joined
forces to unlawfully withhold Public Information relative to the City’s failed Income Tax initiative. More
on this in Reply but the Washington Policy Center noted:
“Other public records provided by Seattle were emails between Councilmember Sally Bagshaw and her
husband Bradley Bagshaw directly relating to Seattle’s 2017 effort to impose an income tax. These records,
sent on Bagshaw’s Gmail account, had previously been denied under a claim of “spousal privilege.””

4
Board Member Ollie Garrett cooked up a non-government sponsored
event whereby they would use the Goodwill of my brother and my
store (Greentree Cannabis) to obtain a license, with us surrendering
50% of our company to Nate Miles alone.
It was uncontroverted that this illicit deal fell apart because Williams
demanded one million dollars ($1,000,000.00) “[O]ff the top so [he]
could retire.”6
We wrote:
Two. This filing will further demonstrate that Plaintiffs Complaint and
subsequent filings clearly demonstrate likely Civil Racketeering fact
patterns that must be heard by a Jury (or at a minimum be subject to
Discovery).
Moreover, Plaintiffs have repeatedly demonstrated allegations of

Black cannabis pioneer Aaron Barfield who stated that he had a
force-placed member in his organization who was an embezzler to
the tune of $300,000.00 and subject to adverse Judgments totaling
$400,000.00 from another partner.
Note that the only Black-owned Cannabis facility to obtain any

sort of license in the entire Equity Era involves Jim Buchanan, a
criminal and longtime personal friend/paramour of Ollie
Garrett, the only Black member of the WSLCB. She is a token,
and everyone at the Board quickly jumps at anyone who raises
this legitimate issue as “taking down a good Black Lady.” It is a
pathetic tool of abuse and oppression.9
5
C. The Statute of Limitations is Met with Ongoing Equal Protection
Concerns Amidst Non-Black Compassion Clubs.
First and foremost the Court must review additional and ongoing
information that shows how the previously-mentioned compassion clubs like
Vincere’s and Red Barn continue to operate with impunity even after yet
another raid that was conducted immediately after Appellants and Mr. King
raised the issue publicly at WSLCB meetings. (See Appendix A). 4
The problem continues on as narrated in Appendix A with years of
false promises of crack-downs on compassion clubs like Vincere’s
whereupon it opens right back up doing the exact things that Blacks cannot
do. The last time we checked that is an Equal Protection violation point
blank.
The best that Appellees can do here is to claim that Appellants have
no right to participate in Federally-Criminal activity.
a. Appellants’ constitutional claims must fail, as they have no
federally protected right to engage in federal criminal activity
...........................................................................22
But this fails because the issue is the Substantive and Procedural Due
Process and Equal Protection matters completely overwhelm this matter.
and we know that the State freely allow white others to sell and to distribute
cannabis, pot, marijuana or whatever we want to call it. And this happens in
spite of the extralegal events including unlawful other drugs fireworks and
firearms as recent reviews clearly show at Appendix A.

4 Appellants are aware of the general prohibition on new evidence on Appeal. However this is an
ongoing Equal Protection issue and the newly-discovered documents merely bolster that which was
stated previously. Appellants do not object to a State Surreply as to Appendix A so they can explain it,
and how Defendant Garza allegedly didn’t know about these places even though they had been raided
on prior occasions.
6
It also fails because remember Appellants even showed a municipally-
funded bus bringing patients to Vincere’s despite King County Prosecutor
Dan Satterburg’s pronouncement:
That means only licensed operations can sell pot, he said.
“It’s not fair for those stores that are doing it right and having to
compete with the unlicensed stores that don’t have to pay the 37
percent tax,” Satterberg said. (Id.).
Exactly how this fails the current, ongoing Equal Protection

argument remains to be seen. Furthermore it was an ongoing Equal
Protection argument that went back much further than the 2019 time stated
by the Department of Revenue, which had recently changed information on
its website after this Appeal was filed because they are in on it too and the
whole scheme needs a real and full and honest Federal investigation. See
Appendix A.
Not only that, the Pierce County Ordinance No. 2015-27s, ratified on
January 22, 2016 (Appendix B) says the same thing but the whites and
Asians seem to have carte blanche while the Blacks sit on the sidelines and
anyone who dares to question the WSLCB and its cronies are accused of
trying to “take down a Black woman,” even though said Black woman
(Board Member Ollie Garrett) and the Board have continued to refuse to
provide any response to what happened to the letter that Appellant Shelton
sent them at Juneteenth, 2020. We guess the dog ate the homework. Again.5

5 We have seen some of the people who previously stood strong with us jump ship and now publicly
scorn us and pledge allegiance to Garrett and the WSLCB. It is completely foul. Watch the video
because videos don’t lie… but people do: https://www.youtube.com/watch?v=W88wNmJQrrc&t
Preview on Nate Miles Baseless Cease and Desist and Empirical Disrespect to Libby Haines
Marchel

7
D. The Lower Court was Completely Wrong Because Appellant Saad
Definitely Applied for an i502 Recreational License.
There’s really nothing more that needs to be said about this. Appellant
Saad has already shown the Lower Court and this Court that he did indeed
file for an Application, and has sworn under Oath that the determination on
him changed in mid-stream while he was on the phone with a WSLCB
person whose identity still remains shielded because WSLCB refused to
provide Appellant Saad’s own file to him for months on end now. It is
patently absurd and patently illegal on so many fronts it just boggles the
mind.
Sadly, this is business as usual in Washington when it comes to the
Appellees and everyone knows it.
8
E. Defendants Garza and Hobbs are Not, Ipso Facto, Entitled to
Qualified Immunity.
Appellees make the argument that Qualified Immunity obtains. With

respect to Appellee Garza that simply cannot be true because there is
evidence that the WSLCB upper brass and local LE had several completely
illegal meetings that violated Washington Public Records Law RCW §42.56.
As noted there were direct uncontroverted statements from the only Black-
owned shop to obtain licenses since 2020 that they have evidence of
collusion against Blacks and traditionally-Black neighborhoods. We also
know that community activist Art West settled his case noted below and
mum’s the Word, but mum’s the Word…. We are entitled to Discovery on
this!
Below on the following page the Court and general public can clearly
see that Peter Manning – part of the only Blacks to actually receive licenses
during the so-called equity era – stated there was proof of collusion between
WSLCB staff and City officials & police officers. This was uncontroverted.
According to Black Excellence in Cannabis’ Peter Manning:
“We have them intentionally putting us out of business. Intentionally

We have documentations of them doing that, we have LCB Officers
that came forth and given affidavits that this was their plan and their
goal, we also have that they paid an individual $192,000.00 to keep
secret that they had went and met with all the police officers of the
south end and Seattle, in the Black areas of the South End or Black
areas of Tacoma, we have evidence of that, before they implemented
i502.”12
This was straight from Mr. Manning’s mouth @2:55 et seq:
9
https://www.youtube.com/watch?v=hUHPahv9exI&t
Black Excellence in Cannabis Blasts WSLCB & Seattle Cannabis

Racism with Chris King and Friends
103 views
May 25, 2022
Yet the Lower Court claimed that unlawful collusion under 42 USC
§1985 just could never have happened, to wit: “that claim is
implausible.....”
Well not according to the Cornell School of Law and Public Policy
and the highly-esteemed lawyers at Miller-Nash law firm here in Seattle:
https://www.scribd.com/document/554489396/Cornell-Turbulent-History-
of- Cannabis-Regulatory-Enforcement-in-Washington-State-Final-7121
The Turbulent History of Cannabis Regulatory Enforcement in

Washington State
Christine Masse, Daniel J. Oates, Christopher Lynch, Andrew G. Murphy,

Danielle Hunt,Vanessa L. Wheeler & Vanessa Williams-Hall
Cornell Journal of Law and Public Policy Winter 2022
The LCB is recognized as a limited law enforcement agency under state law,
and as such, Enforcement’s authority is limited to the detection and
apprehension of violators only in the subject areas for which the agency is
responsible.62 But in the authors’ experience, Enforcement officers have a
history of attempting to extend their reach and influence beyond their
statutory authority as limited-authority officers, going so far as to threaten
criminal penalties against licensees or their employees.
Next remember area Attorney Douglas Hiatt also knew that there was some
sort of Disparate Impact and Treatment too, and he was quite blunt about it
so we don’t quite understand why if any of us is that blunt that we are
accused of taking down a Good Black Woman. Hiatt said:
10
"Big fuckin' surprise," he said. "They're not going to stop enforcing it
while we litigate it, so I'm filing an injunction."
Hiatt also says the city's law is being applied unevenly and that minority
businesses have received the brunt of the enforcement. "The places that
have actually suffered the raids, those are all minority businesses," he
said. "The ones that we have seen take the most egregious hit are all
minority-owned or they are serving the minority community."
**********
LAW AND ARGUMENT
Lastly, let’s think about the obvious lie that Defendant Garza put forth
to Appellant Kevin: The notion that Mr. Shelton just informed him about
Vincere’s and Red Barn when in point of fact previous “raids” were public
knowledge FOR YEARS.
With that in mind Qualified Immunity is only available to responsible
State staff who don’t lie to constituents about crucial Equal Protection issues
or allow for clandestine meetings with local Law Enforcement so secret that
they pay Art West nearly $200,000.00 to shut his mouth and run off and
brag about his waterfront property he bought.
West now bristles at the notion of having to testify for anyone associated
with us but that is what this Court must make him do, ultimately and here’s
why: Savage v. State 127 Wn.2d 434, 899 P.2d 1270 (WA 1995).
2. Precedent
The Court of Appeals also relied for its holding on a series of cases in
which the immunity of government employees was extended to the
government. Savage v. State, 72 Wn. App. 483, 488-89, 491, 864 P.2d
1009, review granted, 124 Wn.2d 1017 (1994) (citing Creelman v.
Svenning, 67 Wn.2d 882, 410 P.2d 606 (1966)); Plotkin v.
Department of Corrections, 64 Wn. App. 373, 826 P.2d 221, review
denied, 119 Wn.2d 1022 (1992); Lutheran Day Care v. Snohomish
11
County, 119 Wn.2d 91, 829 P.2d 746 (1992), cert. denied, 113 S. Ct.
1044 (1993); Frost v. City of Walla Walla, 106 Wn.2d 669, 724 P.2d
1017 (1986); Guffey v. State, 103 Wn.2d 144, 690 P.2d 1163 (1984).
The appellate court's analysis in this case resembles that recently

rejected by this court in Lutheran. There, we admonished against
conclusory holdings which rely on ostensibly controlling cases while
eschewing the "detailed policy-oriented factual inquiry which ... is
necessary to *441 decide the immunity question." Lutheran, 119
Wn.2d at 100(emphasis added).
That is the precise problem here: The dots are all lined up and these
individual and collective Defendants would fall like Dominoes if subjected
to Discovery; this is why they never provide any information when it really
matters: Sami Saad’s files. Kevin Shelton’s Certified letter to Ollie Garrett
and to the Board. There are many many more but those two core issues, both
in the Equity era in direct attempts to get responses, are as good as any.
It just can’t be any more obvious how these Defendants are just
running from the facts while talking about how good everything is going to
be in the future so why don’t we just go away and forget about all that was
stolen from us. We just cannot accept this. It is legally ethically and morally
aberrant conduct.
And Defendant Garza is responsible for all of this; he is THE
DIRECTOR. Since when did the State of Washington decide that Agency
Directors who operate willfully failed Agencies for years on end are not
accountable for their actions? We missed that part in the legislative
sessions.

12
CONCLUSION
Sometimes pictures are better than words. These two (2) pictures,
showing Appellant Saad’s partial application, and the Kevin Shelton
Certified letter – both recently, in this very Statute of Limitations period --
tell this Court all it needs to know.
13
CERTIFICATE OF SERVICE
I served a true and accurate copy of this Reply Brief
was sent to:
Jessica Leiser, WSBA# 49349

Ghazal Sharifi, WSBA# 47750
Assistant City Attorney
Jessica.Leiser@seattle.gov
Ghazal.Sharifi@seattle.gov
Leah E. Harris, WSBA# 40815

Jonathan E. Pitel, WSBA# 47516
Assistant Attorney General
1125 Washington St. SE
Olympia, WA 988504-0110
Leah.harris@atg.wa.gov
Jonathan.pitel@atg.wa.gov
On this 24th Day of January, 2023
_________________________________
James Kevin Shelton
14
APPENDIX A
GOOGLE REVIEWS SHOWING CONTINUED OPERATIONS DURING AND AFTER “RAIDS”

The Sign on the Door Says Closed but they Were Indeed OPEN
1
2

3
KING COUNTY PROSECUTOR DAN SATTERBURG PROMISES VIGOROUS ENFORCEMEBNT

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15 Unlicensed Dispensaries
Targeted Near Seattle
By
July 13, 2015 - Updated December 17, 2021
SHARE
•
•
•
•
Local officials in an unincorporated part of King County, just east of Seattle, are targeting
15 medical marijuana dispensaries that are deemed illegal because they don’t have state
permits.
4
The businesses were sent letters last week ordering them to close down or face possible
penalties, which could include civil forfeiture, product seizure or even criminal charges,
according to the Enumclaw Courier-Herald.
ADVERTISEMENT
King County Prosecuting Attorney Dan Satterberg argued that the unlicensed businesses
are “undermining Washington State’s new law” that rolls medical cannabis dispensaries
into the same regulatory framework as rec shops.
“How local jurisdictions deal with this issue may well determine the success of the entire
law,” Satterberg said.
Under the new law, signed by Gov. Jay Inslee in April, dispensaries and collective gardens
are required to obtain state licenses by July 1 of next year, as well as meet various other
state mandates.
5
King County Prosecutor falsely claims that “only licensed operations can sell pot.”
NEWS
Washington state cracking down on

unlicensed medical marijuana stores

By THE DENVER POST | newsroom@denverpost.com
PUBLISHED: July 8, 2015 at 11:58 a.m. | UPDATED: April 24, 2016 at 12:23 a.m.
SEATTLE — Fifteen unlicensed medical marijuana shops in unincorporated King County
are on notice that they are violating the law.
Prosecuting Attorney Dan Satterberg said Wednesday that they are cracking down on
these stores after Washington lawmakers amended Initiative 502 to require licenses for
all pot shops.
The change in the law brought medical marijuana into the state licensing and tax scheme,
he said. The stores were notified by mail this week, and if they continue to operate as
unlicensed retail outlets for the black market, they’ll face civil and criminal ramifications,
Satterberg said.
Washington voters adopted Initiative 502 in 2012, which required the state to create a
system for the licensed production, processing and sale of marijuana. The Legislature
6
recently amended that law to bring medical marijuana into the system and eliminate
“collective gardens,” he said.

That means only licensed operations can sell pot, he said.
“It’s not fair for those stores that are doing it right and having to compete with the
unlicensed stores that don’t have to pay the 37 percent tax,” Satterberg said. There was
one licensed store in the White Center neighborhood where Satterberg held the news
conference with Sheriff John Urquhart, and it must compete with a handful unlicensed
medical marijuana stores, he said.
“The state has set forth the rules,” he said, and if they don’t have a license through the
state Liquor and Cannabis Board, “they must immediately close down.”
The 15 stores that received notices include seven in the White Center neighborhood, two
in Skyway and six in East County. Messages left at Northwest Cannabis Market in Seattle
and Military Road Holistic in Auburn were not immediately returned. There was no
answer at Pacific Coast Natural Medicine in Seattle or The Solution Renton.
“They are taking tax money from the state and operating in locations that would never be
approved by the LCB,” he said. “They are a blight on the neighborhoods they inhabit.”
Satterberg said the federal government is watching how Washington regulates the
marijuana industry, and the success of the law depends on how well local jurisdictions
deal with the unlicensed retail stores.
In addition to sending notifications to the 15 stores, they’ve notified their landlords that
there is an illegal business operating on the property, he said. This means that if the
stores continue to operate illegally, the Liquor and Cannabis Board can go in and seize all
of their product.
If the civil options don’t work, they’ll consider criminal remedies, he said.
“We’re not going in heavy handed on this,” he said. “We’re telling them the new scheme
has to be followed. The days of the Wild West are over.”
*************************
7
8
During a license search I conducted via WA.DOR website on September 17th 2022 I found that
the business named VINCERE ,DBA VINCERE COMPASSION CLUB was active both as a
business location & trade name(set 1), but only a few months later (after the "raids") the DOR
website shows that VINCERE closed in DEC 2021. (set 2)
Not to mention that State & local laws prohibit these types of clubs/dispensaries from operating
after July 1 2016 (see attachments).
During a license search I conducted via WA.DOR website on September 17th 2022 I found that the business
named VINCERE ,DBA VINCERE COMPASSION CLUB was active both as a business location & trade
name(set 1), but only a few months later (after the "raids") the DOR website shows that VINCERE closed in DEC
2021. (set 2)
Not to mention that State & local laws prohibit these types of clubs/dispensaries from operating after July 1
2016 (see attachments).
(set 1)
License Information:
New search
•
Back to results
•
Entity name: DELUCA
Business name: VINCERE
Entity type: Sole Prop
UBI #: 604-466
Business ID: 001
Location ID: 0001
Location: Active
Location address: 10625 PACIFIC AVE

TACOMA WA 9844
Mailing address: 10625 PACIFIC AVE S

TACOMA WA 98444-6
Excise tax and reseller permit status:
Governing People May include governing people not registered with Secretary of State
Governing people
Governing people
DELUCA, MICHAEL
Registered Trade Names
9
Registered trade names
VINCERE COMPASSION CLUB

The Business Lookup information is updated nightly. Search date and time: 9/17/2022 2:31:56 PM
(set 2)

10


11
----- Forwarded Message -----
From: Christopher King <kingcast955@icloud.com>
To: DOR Public Records
<dorpublicrecords@DOR.WA.GOV>; anne.continelli@outlook.com <anne.continelli@outlook.com>;
Cynjo Raylene Hall <cynjoraylene@gmail.com>; James s <jameskshelton@yahoo.com>; John Novak
<jmnovak22@outlook.com>; katherine.hoffman@lcb.wa.gov <katherine.hoffman@lcb.wa.gov>; roger.go
odman@leg.wa.gov <roger.goodman@leg.wa.gov>; Libby Marchel <libbymarchel@yahoo.com>; Sam
Sam <green615615@gmail.com>; Gregory Foster <greg@cannabis.observer>
Cc: david.postman@lcb.wa.gov <david.postman@lcb.wa.gov>; Ashley.Lam@lcb.wa.gov <Ashley.Lam@l
cb.wa.gov>; Barbara.Martinez@lcb.wa.gov <Barbara.Martinez@lcb.wa.gov>; Belinda.Verona@lcb.wa.go
v <Belinda.Verona@lcb.wa.gov>; Chandra.brady@lcb.wa.gov <Chandra.brady@lcb.wa.gov>; Drew.MacE
wen@leg.wa.gov <Drew.MacEwen@leg.wa.gov>; Grant.Smith@lcb.wa.gov <Grant.Smith@lcb.wa.gov>; J
ennifer.Wilson@lcb.wa.gov <Jennifer.Wilson@lcb.wa.gov>; Jeremy M. Wissing
<Jeremy.Wissing@lcb.wa.gov>; Johnathan.DeBord@lcb.wa.gov <Johnathan.DeBord@lcb.wa.gov>; Josh
ua.Bolender@lcb.wa.gov <Joshua.Bolender@lcb.wa.gov>
Sent: Monday, January 2, 2023 at 04:31:37 PM PST
Subject: Re: PRR 22-465 RE: RCW §42.56 Demand for Public Information = DOR caught in another lie.
Guess what?
You a damn lie.
See below and going straight to the 9th Circuit, along with the fact that Vincere's has reviews from
OCTOBER.... well AFTER the purported raid, so them white folk can continue to do what my Black folk
cannot.... but there's no Equal Protection issue here, No Sir no Way.....
Ciao.
C
Error! Filename not specified.

On Dec 21, 2022, at 2:21 PM, DOR Public Records <dorpublicrecords@DOR.WA.GOV> wrote:
Christopher King,
This email is in response to your follow-up inquiry dated December 20, 2022.
In researching your inquiry, it was found that when a trade name is no longer active it no longer shows via the
DOR Business Lookup webpage.
After conducting a search within our internal database, it was found that the tradename, Vincere Compassion
Club, was registered effective June 10, 2019 and canceled effective October 27, 2022.
Thank you,
12
LIES! or alternative facts to be polite.... The license for red barn (below) reflect that red barn has been closed
since June 2016 & the registered trade names are still being displayed on DOR website......
License Information:
•New search
•Back to results
Entity name: 507 COMPASSION CLU
Business name: 507 COMPASSION CLU
Entity type: Association
UBI #: 603-437-152
Business ID: 001
Location ID: 0001
Location: Closed

Location address: 34011 STATE ROUTE
STE A

ROY WA 98580-9427
Mailing address: 34011 STATE ROUTE 507
STE A

ROY WA 98580-9427
Excise tax and reseller permit status:

Governing People May include governing people not registered with Secretary of State

Governing people

Governing people

ANDERSON
TODD
Registered Trade Names

Registered trade names S

Status

507 C.C. Active
THE RED BARN Active
13
S

Status

Tax Information
• New search
• Back to results
Entity name: 507 COMPASSIO
Entity type: Association

DBA name:

Excise tax account ID #:
UBI #:

Opened: September 1, 2014
Closed: June 30, 2016

Mailing address: 34011 STATE ROUTE 507
ROY WA 98580-9427

NAICS: 446191 - Food (Health) Supplement Stores

Reseller Permit(s)
• Filter
Reseller permit #
Status
Effective dat

Reseller permit #
Status
Effective dat

A31732116 Expired Sep-23-201
Business License Locations

• Filter
Business name
License account ID #
Location addre
Business name
License account ID #
Location addre
507 COMPASSION CLUB 603437152-001-0001 34011 STATE


14

15
16
See More
17

No. 22-35647




v.



SECOND SUPPLEMENTAL NOTICE OF EMERGING AUTHORITY
AND REQUEST FOR JUDICIAL NOTICE
OF KING V. BLACK EXCELLENCE ET AL
22-217896-5 SEA

No. C22-5135 BHS

______________________________
22832 26th Ave S.
Des Moines WA 98198

APPELLANTS PRO SE
1
NOW COME PLAINTIFFS-APPELLANTS to respectfully note the
presence of brand-new, previously unavailable evidence of unlawful
market collusion at the WSLCB and beyond:
Local Media are part of the problem as they foment and allow
certain non-truths to be thrust before the unsuspecting public. This time
it is the complete hijacking of Intellectual Property of one Aaron Barfield
by people who have association with Jim Buchanan, the known thief and
former paramour of WSLCB Board Member Ollie Garrett.
Peter Manning and Mike Asai routinely show up before Board
meetings and the Social Equity Task Force (SETF) making it clear that
Ollie Garrett is never to be questioned about anything. Recently
Manning barked at Plaintiffs-Appellants at last week’s SETF meeting
“Leave the Sister alone!”
Unfortunately for them, this time it not directly Ms. Garrett who is
being questioned, it is they who are being questioned and ORDERED to
CEASE AND DESIST using the stolen name and goodwill pioneered by
Aaron Barfield, as duly noted by a lawsuit filed by Taxpayer and Civil
Rights Activist Christopher King, J.D. The lawsuit contains the direct 28
October 2022 argument from Aaron Barfiled noting “Shame on you.”
The pair in summer, 2022, unbeknownst to Mr. Manning, opened
an actual corporate nonprofit entity bearing the name “Black Excellence
in Cannabis.” Barfield’s emotional and physical health have required
him to stay off the picture as some of these events have continued but as
he began to question more of the antics of WSLCB and its cronies
(thoroughly documented earlier in the case) he has liked the Facebook
post put up by Mr. King yesterday noting the new litigation.
2
Plaintiffs-Appellants have long since been writing media including
KING5 and Seattle Times, but they only cover Yellow Journalism
“stories” primarily with these two men shilling for the WSLCB and all of
the progress it is making, when in point of fact the WSLCB has ruined
the medical market in general and disfranchised all Blacks in specific, to
this day in Seattle still zero Blacks own a cannabis store.
Reporter Naomi Ishisaka has been called on the proverbial mat to
follow up with Mr. Barfield, the subject and front-page art of a story she
wrote, ironically, on the disfranchisement of Blacks. See below and see
the pending lawsuit King v. Peter Manning, Mike Asai & Black Excellence
in Cannabis, King County Case No. 22-2-17896-5 SEA as attached at
Appendix A.1

1 Mr. King knows both Manning and Barfield, having worked with them before, delivering live video
on Facebook from Mr. Manning’s living room. He no longer trusts Manning, who has been caught
eavesdropping on a phone call with Appellant Saad, trying to convert him to “Black Excellence in
Cannabis” which is now basically an offshoot of the WSLCB and its cronies. Again cronyism has been
the modus operandi of the WSLCB for years, as noted by the Government Accountability Institute as
filed in the Lower Court.
3
From: Christopher King <kingcast955@icloud.com>
Subject: Re: Lawsuit Litmus Test for Seattle Times' Naomi Ishisaka: Follow up on
Aaron Barfield
Date: Oct 30, 2022 at 9:36 PM
To: nishisaka@seattletimes.com, Christopher King <kingcast955@icloud.com>
Cc: Black Excellence In Cannabis <blackexcellenceincannabis@gmail.com>,
curtis.king@leg.wa.gov, James s <jameskshelton@yahoo.com>,
emeraldcitycollective@gmail.com, obanking@gmail.com, damian1mims@msn.com,
akingbgpm@gmail.com, david.postman@lcb.wa.gov, "Ogle, Crystal (SBOH)"
<Crystal.Ogle@sboh.wa.gov>, info@flowetech.com, info@lucidlabgroup.com,
info@urbanleague.org, Dorian.Waller@kingcounty.gov....
4
Below follows an email sent back on 8 October 2019 – three (3) years
ago noting the founders of Black Excellence in Cannabis and the start of
the Goodwill and passion for Truth that the name engendered.
Conspicuous by their absence are Peter Manning and Mike Asai. They
are both legitimate OG in Black Cannabis that much is true, and so too
is Brionne Corbray who was wrongfully and selectively prosecuted in
violation of the Ogden Memo by former failed Seattle Mayor Jenny A.
Durkan as U.S. Prosecutor.
From: Black Excellence In
Cannabis <blackexcellenceincannabis@gmail.com>
Date: Tue, Oct 8, 2019 at 3:45 PM
Subject: African-Americans Plea to the LCB for Equity
To: <byoung@seattletimes.com>
Hi Bob,
My name is Aaron Barfield. We met awhile ago at Emerald Haze in Renton. I’m a member of
the organization Black Excellence in Cannabis. We’re fighting for equal representation in the
cannabis industry for African-Americans. The “Social Equity” proposal the LCB has recently
submitted to legislators is completely inadequate. African-Americans are an endangered
species in the cannabis industry and the LCB has stooped to a new low of over exaggerating
and inflating their demographics to make this injustice look less shameful.
At the Liquor and Cannabis Board meeting on Oct. 2, 2019, LCB Head of Licensing, Rebecca
Smith, when speaking with Black Excellence in Cannabis Members, Brionne Corbray, Tim
Goodman and Aaron Barfield, stated 10% of Washington’s retail cannabis stores were Black
owned and that Latinos were the most underrepresented ethnic minority with only 4%
ownership of retail licenses. When challenged by Aaron Barfield on these numbers, Rebecca
Smith stated that she had the data to backup her statements in her office and went to get the
data. When she returned, the LCB’s own charts showed only 4% Black ownership in
Washington. 4% retail ownership equals approx. 20 stores. In reality, our organization knows
of only 1 majority Black owned retail cannabis store in Washington, and that one has been
usurped by the White, minority shareholder, with the assistance of the LCB.
African-Americans have played a vital role in building the cannabis industry in Washington,
and now we are being exiled. The LCB has not even bothered to get accurate data on the
problem they are pretending to fix. Most of the “stakeholders” who the LCB sought input
from on this issue are White owned, multi-million dollar, retail organizations. These same
White owned retail organizations, which have been given a five year head start and
empowered to make millions of dollars are now working to protect the status quo. This is
evidenced by the feeble recommendations the LCB has submitted to legislators.
5
The members of Black Excellence in Cannabis believe that if the “Social Equity Program” as
proposed by LCB regulators is passed, the problem will only continue to get worse. A true
Social Equity Program will include; repairing the damage done to the Black pioneers of
Washington’s cannabis industry who were abused and pushed out, funding for education and
training programs, and the creation of a community review board to monitor LCB
enforcement activities.
Some of the LCB’s own officers have described it as a toxic environment. They have had over
five years to improve minority inclusion, instead they have worked to push us out. Nothing
that has transpired recently indicates that this will change. We are reaching out to the media
in hopes of generating public pressure to force the LCB to make effective changes without
having to go through litigation. We would rather work with the LCB to gain our rightful place
in the industry. However, we’re confident that we have more than enough documented cases
of abuse by the LCB and other State regulating agencies to file a class action lawsuit in the
Federal Courts if necessary.
The ugly truth is that law enforcement and the criminal justice system in Washington worked
hard to lockup African-Americans for participating in the cannabis industry, and now that
cannabis is profitable for the State, they’re happy to let Blacks spend their money at their
cannabis stores but they’re not allowed to own them.
Please watch these clips from the last Washington LCB meeting on
10/2/19. https://www.youtube.com/watch?v=5LqXXkgWnAs
Thank you for taking the time to read this. If you have any questions or suggestions, we can be
reached at blackexcellenceincannabis@gmail.com
7
I served a true and accurate copy of this
Notice of Supplemental Authority
was sent to:

Olympia, WA 988504-0110
On this 21st day of October, 2022
_________________________________
James Kevin Shelton
No. 22-35647

v.

PLAINTIFF’S NOTIFICATION OF SUPPLEMENTAL AUTHORITY

AND REQUEST FOR JUDICIAL NOTICE

No. C22-5135 BHS
__________________________
22832 26th Ave S.
Des Moines WA 98198
APPELLANTS PRO SE
NOW COME PLAINTIFFS to provide this Court and Defendants
with a case they have discovered this morning that clearly shows how the
WSLCB and the City of Seattle have conspired to aggressively discriminate
against Black interests. These white club owners were able to proceed on
Remand for issues similar to those countenanced in this case, as will be
more developed in Plaintiffs’ Reply Brief for several reasons. At this point
in time however Plaintiffs come in Good Faith to advise Defendants that
they will be applying this case in Rebuttal.1
The case is captioned as follows: RK Ventures, Inc. v. City of Seattle,
307 F.3d 1045, 1058 (9th Cir. 2002).

1
Interestingly enough, Bradley Bagshaw – husband of perennial City Council Member Sally Bagshaw - -
was lead Counsel for Plaintiffs-Appellants. So the Powers-that-Be are fully aware that this type of unlawful
discriminatory conduct occurs in Western Washington. The Bagshaws themselves however have joined
forces to unlawfully withhold Public Information relative to the City’s failed Income Tax initiative. More
on this in Reply but the Washington Policy Center noted:
“Other public records provided by Seattle were emails between Councilmember Sally Bagshaw and her
husband Bradley Bagshaw directly relating to Seattle’s 2017 effort to impose an income tax. These records,
sent on Bagshaw’s Gmail account, had previously been denied under a claim of “spousal privilege.””
I served a true and accurate copy of this
Notice of Supplemental Authority
was sent to:

Olympia, WA 988504-0110
On this 21st day of October, 2022
_________________________________
James Kevin Shelton

No. 22-35647




v.



OPENING BRIEF

No. C22-5135 BHS

______________________________
22832 26th Ave S.
Des Moines WA 98198

APPELLANTS PRO SE

TABLE OF CONTENTS...................................................................................................................i
TABLE OF AUTHORITIES............................................................................................................ii
I. Statement of the Case…………………………………………………………………………1
II. Assignment of Error One: The Lower Court Committed Reversible Error
by Repeatedly Inserting its Own Judgment and Opinions in Blatant
Contravention of Published Facts in a 12(b)(6) Motion to
Dismiss…………………………………..3
III. Assignment of Error Two: The Lower Court Committed Reversible Error
On the Civil Racketeering Statute of Limitations by Ignoring the Fact That the
Acts Primarily Complained of Occurred on or After Juneteenth, 2020……………3

IV. Assignment of Error Three: The Lower Court Committed Reversible
Error On the Equal Protection Statute of Limitations by Ignoring the Fact that
SB5052 Contained an Ongoing Nondelegable Duty to “Develop a Competitive,
Merit-Based Application Process that Includes, at a Minimum, the Opportunity
for an Applicant to Demonstrate Experience and Qualifications in the Marijuana
Industry.”1 …………………………………………………………………………………………………3

V. Assignment of Error Four: Further and Ongoing Equal Protection
Problems as the Lower Court Committed Reversible Error On the Equal
Protection Statute of Limitations by Ignoring the Fact That Defendants
Knowingly Allowed Non-Blacks to Own and to Operate Ongoing Unlicensed
Cannabis Clubs to Operate for Years Until Plaintiffs and a Former Civil Rights
Attorney Exposed the Hypocrisy……...3

VI. Assignment of Error Five: The Lower Court Committed Reversible
Error by Falsely Claiming that Plaintiff Sami Saad Did Not File an Application
for Recreational License.
…………………………………………………………………………………4

1
The Legislature is now referring to the product as cannabis for some nefarious reasons that will undoubtedly
surface later, under the guise of being fair to minorities and such.
i
VII. Law and Argument.

A. Equal Protection Part One………………………………………….……………………...4
B. Civil Racketeering………………………………………………………………..…………...8

C. The Completely False Finding that Plaintiff Saad did not Apply for a
Recreational Cannabis License………………………………………..…………….....16

D. Further Proof of Equal Protection Violations with Tacit
Acknowledgment and False Claims of Ignorance by the
Defendants….….19

E. Conclusion……………………………………………………………………………….………28

CERTIFICATE OF SERVICE......................................................................................................30
CERTIFICATE OF COMPLIANCE............................................................................................31
ii
TABLE OF AUTHORITIES
Cases
All Cases are provided at Docket #38.

Statutes
FRCP Rule 201………………………………………………..……………………………….4, 20, 18
Rule 56 ......................................................................................................................................4, 10
FRCP Rule 12(b)(6)………………………………………….………………………………3,4,9 25
LCR 39.2 N3 .................................................................................................................................17
42 U.S.C. §1983.............................................................................................................................5
42 U.S.C. §1985.............................................................................................................................5
SB5052 ..........................................................................................................................................5,6
I502 ............................................................................................................................................17,28
RCW §18.120.020…………………………………………………………………….…….……….…6
RCW §18.71………………………………………………………………………….……….……….….6
Sec. 6. RCW 69.50.331 and 2013 c 3 s…………………………………….……………….…..7
iii
Media and Treatises
The Turbulent History of Cannabis Regulatory Enforcement in Washington State

Christine Masse, Daniel J. Oates, Christopher Lynch, Andrew G. Murphy, Danielle
Hunt,Vanessa L. Wheeler & Vanessa Williams-Hall
Cornell Journal of Law and Public Policy Winter 2022…………….…………..11
Straight from Mr. Manning’s mouth @2:55 et seq:
Black Excellence in Cannabis Blasts WSLCB & Seattle Cannabis Racism
with Chris King and Friends
103 views
May 25, 2022……………………………………………………………………..13
https://www.thestranger.com/news/pot/2015/11/04/23103975/dispensar
y-files-an-injunction-to-stopseattles-medical-marijuana-ordinance
NEWSNOV 4, 2015
Dispensary Files Injunction to Stop Seattle's Medical Marijuana Ordinance..14

https://www.youtube.com/watch?app=desktop&v=fMRNz0gPgUw
#Deepthroat #WSLCB #LCB
Whistleblower Decries Agency as "Arbitrary & Capricious"
Fake Cops, Racist.

William Clark Licensing Specialist Senior +15 years in regulatory…………..…..15
https://www.usnews.com/news/best-states/washington/articles/2022-10-
11/report-lawmaker-engaged-in-abusive-and-bullying-conduct
Report: Lawmaker 'Engaged in Abusive and Bullying Conduct'
A workplace conduct investigation released this week found that Rep. Melanie Morgan
“engaged in abusive and bullying conduct” against a policy analyst for the Social Equity
in Cannabis Task Force on which the Democratic lawmaker served as chair.
By Associated Press
|
Oct. 11, 2022, at 8:27 p.m………………………………………………………………………………18
iv
https://www.change.org/p/u-s-department-of-justice-justice-for-african-americans-
in-washington-state-s-billion-dollar-cannabis-
industry?fbclid=IwAR0A2RY5sPQr_wbvrrt7miTnDndtP9DWAJ9IuH0c1C-
1BvNwNZ8TQ9oJApQ
Justice for AFRICAN AMERICANS forced out of

Washington State's cannabis industry…………………………………………………….18
https://komonews.com/news/local/states-last-known-medical-marijuana-
exchange-raided-in-parkland

State's last known medical marijuana exchange raided in Pierce County

by Matt Markovich
Monday, February 19th 2018…………………………………………………………………….21

https://pinkboots420.com/2019/01/05/there-really-is-compassion-in-
washington-states-medical-marijuana-community/
CANNABIS
There REALLY is compassion in Washington state’s medical marijuana
community
BY PINKBOOTS420 ON JANUARY 5, 2019 • ( LEAVE A COMMENT )
Learn all about Vincere’s Compassion Club, about how a community comes
together with compassion and cannabis in Tacoma, WA……………………………22
https://issuu.com/nwleaf/docs/august2014/41
August 2014 — Issue #50 Published on Aug 2, 2014
Starting Fresh in Tacoma…………………………………………………………………………..23

v
I. Statement of the Case and Request to File Instanter.
Your Honor, before I am a cannabis professional I am a dedicated Husband,

Father and Provider. In my case this means not only am I the lead Plaintiff, I have
no pure legal training so I requested my Attorney Michael Reid to write a
Declaration, and he did. Please review it carefully. It is in the Record in our
Motion for New Trial (Docket#38) and elsewhere repeatedly. That filing and its
Appendices basically contain everything this Court needs to know.
Today I am scrambling to file this even one (1) day late because of certain
random conditions that only I can address because one (1) of my children is a
Special Needs Child. Prior to the advent of the WSLCB and i502 that contained
misrepresentations about a segue into recreational cannabis I had established a
lawful, legitimate medical practice that formerly paid for support for my children,
the same way that the white recreational owners pay for the support of their
children, the Kaleafas of the Industry.
In addition to my parenting duties I was exposed to the outright lies of the
ACLU referral Attorneys that they do not handle cannabis cases when they have
key members of their legal staff with extensive history in cannabis litigation. I was
exposed to the State and Regional NAACP refusing to even answer my Complaint
because I exposed a documented Pay-to-Play scheme involving Nate Miles, Ollie
Garrett, Thomas Williams and others.
The last three (3) days my commitments to my family have prevented me
from finishing this Brief, during which time I also served as the primary conduit
for all of it. All of the information flows through me, and then I have to share it. It
is an onerous burden and since a one (1) day delay constitutes no hardship nor
prejudice the Court ought grant the sought Relief. The Courts of this fine Country
1
are present to hear Judiciable disputes, and this is but one of hundreds of cases that
contain same.
As you introduce yourself to the Case, be aware that I could not find the
recent video I captured of Pierce Transit escorting Patients to an unlicensed (lack
of WSLCB license that is) medical cannabis operation that has existed for YEARS
and established after we were escorted out of the Industry, yet Defendant Garza
wrote to me in a completely disingenuous email that I made him aware of this
situation. That is a complete slap to the intelligence of the Taxpayers, his boss:
2
The Plaintiffs filed their case in Pierce County on or about February 2, 2022.
Defendants removed it to Federal Court on or about March 4, 2022. The Court
Granted Defendants’ 12(b)(6) Motion on or about July 8, 2022 claiming that
Amendment would be futile. Plaintiff’s filed a Notice of Appeal and a Motion for
New Trial, all of which were ignored. Plaintiffs-Appellants now bring this Timely
Appeal.
II. Assignment of Error One: The Lower Court Committed Reversible Error by
Repeatedly Inserting its Own Judgment and Opinions in Blatant Contravention of
Published Facts in a 12(b)(6) Motion to Dismiss.
III. Assignment of Error Two: The Lower Court Committed Reversible Error
On the Civil Racketeering Statute of Limitations by Ignoring the Fact That the
Acts Primarily Complained of Occurred on or After Juneteenth, 2020.
IV. Assignment of Error Three: The Lower Court Committed Reversible Error
On the Equal Protection Statute of Limitations by Ignoring the Fact that SB5052
Contained an Ongoing Nondelegable Duty to “Develop a Competitive, Merit-
Based Application Process that Includes, at a Minimum, the Opportunity for an
Applicant to Demonstrate Experience and Qualifications in the Marijuana
Industry.”1
V. Assignment of Error Four: Further and Ongoing Equal Protection Problems
as the Lower Court Committed Reversible Error On the Equal Protection Statute of
Limitations by Ignoring the Fact That Defendants Knowingly Allowed Non-Blacks
to Own and to Operate Ongoing Unlicensed Cannabis Clubs to Operate for Years
Until Plaintiffs and a Former Civil Rights Attorney Exposed the Hypocrisy.
1
The Legislature is now referring to the product as cannabis for some nefarious reasons that will undoubtedly
surface later, under the guise of being fair to minorities and such.
3
VI. Assignment of Error Five: The Lower Court Committed Reversible Error by
Falsely Claiming that Plaintiff Sami Saad Did Not File an Application for
Recreational License.
VII. Law and Argument.
This case was dismissed not on a Rule 56 Motion, but on a 12(b)(6) Motion,
with the Court making several materially false statements that clearly show that the
Court not only treated the case as a Rule 56 case, but then went on to clearly
substitute its own beliefs into the matter.
As Lead Plaintiff we come before you today we note my attached
Declaration to augment the UNCONTROVERTED Declarations filed by all
Plaintiffs and Putative Plaintiff Libby Haines-Marchel. In said Declaration this
Court can see that the WSLCB continues to perpetuate clear cut lies about issues
involving Equal Protection under the Law and provides no true path to the fair and
principled lottery system as specifically required by SB5052(6). Furthermore the
lies continue to this day in that specifically named Defendant Garza claimed he did
not know about ongoing operations such as Vincere’s Compassion Club or Red
Barn Club until I notified him of it in or about August, 2022.2
A. Equal Protection Part One.

The Court ignored the fact that we clearly identified an Equal Protection analysis
in our case.
We wrote:
2
This issue was raised towards the end of the litigation in the Court below so it is clearly ripe for this Court to
review; the contemporaneous news stories and proof of State Licenses must be accepted by the Court by way of
Judicial Notice Rule 201.
4
PLAINTIFFS’ LCR 39.2 N3 MOTION FOR NEW TRIAL AS JUDICIAL
MISCONDUCT
RENDERED ALL OF THEIR ARGUMENTS NULL AND VOID
I. Overview.
We are here in large part to have this Court take an honest review of how it
came to be that there are now fifty (50)+ retail cannabis stores in the Greater
Seattle area with nary a one (1) of them being majority Black-owned.
One. This filing will demonstrate that Plaintiffs’ Complaint and subsequent
filings clearly demonstrate likely Disparate Impact and/or Disparate Treatment
Equal Protection arguments pursuant to 42 U.S.C. §1983 as well as Conspiracy
pursuant to 42 U.S.C. §1985.3
We further wrote:
The Court ignored the fact that the Statute of Limitations has not expired for
the Equal Protection analysis because Defendants, acting individually in
their Corporate Capacities, and by and through the WSLCB, failed to satisfy
the nondelegable mandate issued by SB5052, the very Statute that
Defendants and the Lower Court trumpeted as being dispositive.
It is dispositive all right, and it is dispositive in favor of Plaintiffs and

Putative Plaintiff Libby Haines-Marchel because the WSLCB never met the
mandate to this day.4
3
The Court noted in its ruling that there is no such thing as a Complaint under 42 USC §1983. This is true. However
these are pro se people trying to work with others to do the best they can and the Court should recognize that
Disparate Impact and Treatment claims are clearly Equal Protection arguments and must be analyzed under those
rubrics. The Court declined to do so.
4
The Statute did not contain any temporal limitation. The Lower Court, as it was wont to do, completely ignored
this issue as well. The Question for this Court, then, is whether it is now going to find that the Statute did not create
an ongoing, non-delegable duty, which would make no sense: To follow that tack would be tantamount to making
every single State Statute an exercise in abject ephemeral failure: A Statute is created, the State fails to honor it for
ten years but the only legal challenge to the government must be filed within the first 1, 2, 3 or 4 years. Such a
scheme would actually reward the government for engaging in Civil Rights abuses and it would be an absurd result.
The first rule of Statutory Construction is that the Legislature did not intend an absurd result, yet the Lower Court
had no problem tacking that tack in wrongfully dismissing this case.
5
VI None of Plaintiffs’ Claims are Barred by the Statute of Limitations Because
of SB5052 Ongoing Nondelegable Duty and the Criminal Profiteering
Attempts All Occurred in 2020 or Thereafter.
First, it is clear that there are plausible claims for discrimination. Straight
from Plaintiff’s Memorandum in Opposition that as not addressed at all in the
Court’s Ruling which read pretty much identically to the 12(b)(6) Motion issued
by the State:
If the Grandfather Clause Does Not Protect Plaintiffs’ Claims the

Misconduct in the Wake of SB 5052 Section 6 Certainly Does.
There is a Conflict of Laws here and as the Court will see the Grandfather
Clause has been materially changed effective July, 2022 to clarify it: SB
5052 did not explicitly mention the Grandfather Clause, which is now
materially changed to eliminate confusion.
The City recognized the below chapters §18.71 in its 2015 Ordinance
124807 that allegedly provided a priority for Plaintiffs who owned shops
prior to Jan 1, 2013.
Under RCW §18.120.020 et seq:
(4) "Health professions" means and includes the following health and health-
related licensed or regulated professions and occupations: ......medicine
under chapters 18.71 and 18.71A RCW...
…………. NEWSJUL 13, 2016

How Washington State Screwed Over Its Medical Marijuana Dispensaries
A Loophole in the Recreational License Application Process Created a
Black Market for Dispensary Employee Pay Stubs and Left Longtime
Dispensary Operators in the Dust
by Tobias Coughlin-Bogue
As a result of SB 5052, which mandated that the medical marijuana market
be folded into the recreational one, the WSLCB was instructed to open a
new round of retail cannabis licensing and "develop a competitive, merit-
based application process that includes, at a minimum, the opportunity for
an applicant to demonstrate experience and qualifications in the marijuana
industry."
6
Applicants were broken into three levels of priority based on a list of
criteria, including
whether or not they had operated or were employed by a dispensary before
January 1, 2013.95
But alas this is not what happened. What happened was widespread
cronyism, racism and malfeasance and the bottom line is as follows,
developed fully in Section VII below.
First, the Plaintiffs are certainly allowed to engage in the process that
provides licenses without unlawful discrimination. That’s a fact regardless
of whether Cannabis is protected Federally. There is absolutely no construct
of Law that eliminates economic damages from Civil Rights violations,
which are in and of themselves remedial Statutes designed to be liberally-
construed. None. The same goes for economic zoning violations that
prohibit Plaintiffs from earning income, as noted in the case law provided in
this Brief.
Second, even if the Ogden and Cole Memos (conveniently and completely
ignored by both Defendants mind you) don’t Confer a Federal Right (which
Plaintiffs reasonably contend they do) then they certainly provide for the
parallel State Right so Plaintiffs will address such a Claim in their First
Amended Complaint, including Joinder Plaintiff Libby Haines-Marchel. See
Section VIII, Substantive and Procedural Due Process Violations; Privileges
and Immunities.
5
9 Sec. 6. RCW 69.50.331 and 2013 c 3 s 6 are each amended to read as follows:
(1) For the purpose of considering any application for a license to produce, process, or sell marijuana, or for the
renewal of a license to produce, process, or sell marijuana, the state liquor ((control)) and cannabis board must
conduct a comprehensive, fair, and impartial evaluation of the applications timely received.
(a) The state liquor and cannabis board must develop a competitive, merit-based application process that includes, at
a minimum, the opportunity for an applicant to demonstrate experience and qualifications in the marijuana industry.
7
B. Civil Racketeering.
The Court ignored the fact that statute of limitations has not expired and we
should have been allowed to amend our Complaint regarding the civil racketeering
statute because we merely Cited to the wrong portion of the statute.
Attorneys routinely cite to the wrong portion of a Statute and Courts simply
Order them to Amend the Complaint or the case is tried to the facts. Amending the
Complaint in this instance would not have been futile on the Statute of Limitations
because had the Lower Court been paying attention instead of substituting its own
Judgment it would have seen that the primary racketeering argument stems from –
again – Uncontroverted Declarations, substantiated by phone records and emails,
that show how a set of WSLCB cronies including Eli Lilly VP and local hob-
nobber and Robber Baron Nate Miles, former Commissioner of African-American
Affairs Paula Sardinas, Chris Bennett, Thomas Williams and WSLCB Board
Member Ollie Garrett cooked up a non-government sponsored event whereby they
would use the Goodwill of my brother and my store (Greentree Cannabis) to obtain
a license, with us surrendering 50% of our company to Nate Miles alone.
It was uncontroverted that this illicit deal fell apart because Williams
demanded one million dollars ($1,000,000.00) “[O]ff the top so [he] could retire.”6
We wrote:
Two. This filing will further demonstrate that Plaintiffs Complaint and
subsequent filings clearly demonstrate likely Civil Racketeering fact patterns that
must be heard by a Jury (or at a minimum be subject to Discovery).
6
It was clear to the Court that all of this activity commenced at or around Juneteenth, 2020 – or well within the
applicable Statute of Limitations, and that is an uncomfortable fact that the Lower Court did not want to address, so
it (again) substituted its own Judgment to overlook this glaring fact that completely undermines the Defendants and
Courts analysis.
8
These events may have commenced nearly a decade ago with i502 but Plaintiffs
made it clear in this case that the conduct complained of commenced in the
summer of 2020 – after the so-called social equity in cannabis movement started
and within the stated three (3) year Statute of Limitations. See Order at 13-14.7
Plaintiffs rely on phone records and uncontroverted Declarations containing
material of such intensity that a local law firm even threatened Defamation as to
one Nate Miles; ultimately there was no pursuit of this claim because none of the
Plaintiffs nor their witnesses were making false statements.8
Moreover, Plaintiffs have repeatedly demonstrated allegations of Black
cannabis pioneer Aaron Barfield who stated that he had a force-placed
member in his organization who was an embezzler to the tune of $300,000.00
and subject to adverse Judgments totaling $400,000.00 from another partner.
Note that the only Black-owned Cannabis facility to obtain any sort of
license in the entire Equity Era involves Jim Buchanan, a criminal and long-
time personal friend/paramour of Ollie Garrett, the only Black member of the
WSLCB. She is a token, and everyone at the Board quickly jumps at anyone
who raises this legitimate issue as “taking down a good Black Lady.” It is a
pathetic tool of abuse and oppression.9
Plaintiffs assert that this activity completely squares with the cronyism cited
independently by the specific Cronyism report that the Lower Court and
Defendants completely ignored, again dismissing Plaintiff’s concerns as
“implausible.”
7
The Court declined to grant leave to correct the Statute number; this is something that Courts often do even for
seasoned Attorneys.
8
Plaintiffs fail to understand how phone records, emails and uncontroverted Declarations don’t get Plaintiffs past a
12(b)(6) Motion to Dismiss. The Court has no plausible explanation for this.
9
The Buchanan criminal and recent Civil History involving Judgments against him by cannabis professionals has
been shown to the Court (Docket No 38 and more) and it is yet more indicia of unlawful conduct but the WSLCB
and the Lower Court just ignored all of it, instead substituting its own Judgment, time and time again.
9
None of us ever “abandoned” anything as claimed by the Court (Docket
#36). That very notion is completely “implausible” by any stretch of the
imagination, and the whole entire World knows it. It is a well-known fact that
there has been a discriminatory impact against Blacks as far as marijuana/cannabis
prosecutions, ab initio. That is part of why where is an equity movement in the first
place, along with the reduced or eliminated convictions so we are already in a more
compromised position with respect to Law Enforcement of any kind. We were
forced out under policies that were, at a minimum, imposing Disparate Impact
against minorities. Though not required under a Rule 12(b)(6) Washington
Attorney Michael Reid opined as much in his written, uncontroverted Declaration
on file with the Court on several occasions.
Moreover, as we will see below, the Plaintiffs even obtained evidence of the
WSLCB’s own internal investigation that revealed abusive practices and… Civil
Rights Violations. All of this fell on deaf ears in the Court below as it was busy
substituting its own Judgment.
The unsubstantiated belief that we “abandoned” our livelihoods is what is
“improbable” and the inference from the Court constitutes Reversible Error.10
In point of fact I have now been before the Board three (3) distinct times in
the so-called Equity era - 2020 to date – with and without Counsel and I could
never get anywhere with the WSLCB and known industry professions on my team
stopped engaging. Emails showed that this was because they knew the WSLCB,
run and managed by named Defendants and their successors, was not serious about
doing anything. All of this is docketed. I’m sorry but none of us have legal staffs,
10
The significance of this Declaration cannot be underestimated: First of all Attorney Reid opened up more medical
dispensaries than any other lawyer. He will qualify as n Expert Witness on Remand, and he even stated he is willing
to testify. This is highly probative and potentially dispositive at a Summary Judgment/Rule 56 stage but in a show of
Good Faith Plaintiffs provided it early. The Lower Court intentionally ignored it as it was in the process of imposing
its own, wildly unjustified Judgment, again thereby committing Reversible Error. It is really that simple.
10
Attorneys and paralegals to assist us in our preparation, but the Truth shall set us
Free isn’t that right?
Furthermore, the Court ignored published statements from a Principal of the
only Black-owned medical dispensary that has obtained a recreational cannabis
license during the purported Equity Era here in Washington State. Those
statements directly implicated the WSLCB and local LE in holding seventeen (17)
illegal meetings that involved setting illegal discriminatory policy. Specifically he
stated:
We wrote, in part:
III. The General Merits as to Proof of Discrimination.
First of all at a Motion to Dismiss level the uncontroverted Declaration of

Michael S. Reid that was posited before the Court prior to Dismissal is enough to
prove that, at a minimum WSLCB and Agents’ and Officers conduct created a
Disparate Impact steeped in racism. He set up 150 out of 600 medical stores and
watched the entire process so he is certainly a credible witness who made himself
open to further discussion.
Below on the following page the Court and general public can clearly see
that Peter Manning – part of the only Blacks to actually receive licenses during the
so-called equity era – stated there was proof of collusion between WSLCB staff
and City officials & police officers. This was uncontroverted.
Yet the Court claimed that unlawful collusion under 42 USC §1985 just
could never have happened, to wit: “that claim is implausible…..”
Well not according to the Cornell School of Law and Public Policy and the
highly-esteemed lawyers at Miller-Nash law firm here in Seattle:
11
The Turbulent History of Cannabis Regulatory Enforcement in Washington State
Christine Masse, Daniel J. Oates, Christopher Lynch, Andrew G. Murphy, Danielle
Hunt,Vanessa L. Wheeler & Vanessa Williams-Hall
Cornell Journal of Law and Public Policy Winter 2022
The LCB is recognized as a limited law enforcement agency under state law,
and as such, Enforcement’s authority is limited to the detection and
apprehension of violators only in the subject areas for which the agency is
responsible.62 But in the authors’ experience, Enforcement officers have a
history of attempting to extend their reach and influence beyond their
statutory authority as limited-authority officers, going so far as to threaten
criminal penalties against licensees or their employees.
Although many licensees, fearing retaliation, are reluctant to file complaints

against LCB Enforcement officers, those that do have often resulted in
findings that the officer violated his or her professional obligations.63 The
LCB’s 2018 Internal Affairs investigation unit marked as “substantiated”
forty-two percent of all complaints filed against LCB officers.64 A 2019
report on enforcement investigation outcomes by internal affairs recorded as
“substantiated” claims against officers for insubordination, professionalism,
truthfulness, ethics, and abuse of authority.65 In short, the agency, and in
particular Enforcement, has a substantiated reputation for engaging in
abusive conduct toward licensees.
Actions such as these have led to an acknowledged culture problem at the

LCB; a problem that has been documented in congressional testimony and
the HH investigation.66 The following sections document many of the ways
the agency has overreached in its regulatory activities.
1. The LCB’s “Gotcha” Culture Results in Overly Harsh Enforcement……..
64 Samuel J. Young, 2018 IA Report (Feb. 1, 2019).
65 Samuel J. Young, Enforcement Investigations Outcomes (2017−19)
(May 10, 2019).11
As such, now that we are about to learn of clandestine illegal meetings

held with WSLCB staffers and City jurisdictions this sort of collusion is not only
plausible, it is quite likely as Attorney Douglas Hiatt also opined below.
11
This information has been on file with the Court for months.
12
According to Black Excellence in Cannabis’ Peter Manning:
“We have them intentionally putting us out of business. Intentionally We

have documentations of them doing that, we have LCB Officers that came
forth and given affidavits that this was their plan and their goal, we also have
that they paid an individual $192,000.00 to keep secret that they had went
and met with all the police officers of the south end and Seattle, in the Black
areas of the South End or Black areas of Tacoma, we have evidence of that,
before they implemented i502.”12
Straight from Mr. Manning’s mouth @2:55 et seq:

Black Excellence in Cannabis Blasts WSLCB & Seattle Cannabis Racism
with Chris King and Friends
103 views
May 25, 2022
This lawsuit was not a fiction of Mr. Manning’s imagination and the Court
must reopen the case. Moreover, Plaintiff Kevin Shelton testified under Oath as
follows, on July 29, 2022:
Licenses being opened up for the select few:
Q. Okay. All right. I'm going to cue this up then, and I'm going to ask you as you
listen to this whether or not -- to comment on it as to what your opinion is of his
statement. This was on December 14th of 2020.
(An audio recording was played.)
Q. Let's get you back so you can comment on this. Sir, comment?
A. Man, he couldn't have put it any better, but what has changed from 2020 to
2022, the cancers are still there. Rick Garza's still there, and he was allowed to
reorganize the LCB? What happened to it?
12
Note that Peter Manning’s operation, held with Aaron Barfield and the unwanted, embezzling Jim Buchan (as
claimed by co-founder Aaron Barfield in writing to Christopher King, J.D. and orally to Plaintiffs and as seen via
text messages repeatedly submitted to the Court are the only Blacks to obtain licenses in the more than two (2) years
of so-called cannabis equity meetings. So obviously his word should be taken seriously by this Honorable Court.
13
Q. Well, isn't he part of the -- didn't they get those licenses mysteriously that no
one found out why or how?
A. Yeah, it's supposed to be public knowledge. I thought that would be -- you

know, since we've been strung along and given every excuse about COVID and
why everything is slow, but there are stores that have been opening up, Kaleafa.
Uncle Ike has opened up a new store.
Black Excellence in Cannabis, you know, they said that they got licenses, but still,
you know, we thought these license were frozen or capped.
And so there's been licenses passed out to other people besides the so-called Blacks
that were harmed by the overthrow during this whole social equity plan when
we've been getting nothing but lip service and excuses.
**********
And other Seattle Attorneys and more than one WSLCB Staffer have openly
discussed the Discriminatory issues as we will see below but the Court, clearly
substituting its own viewpoint over the facts, claimed that such activity on the part
of WSLCB or area Law Enforcement was “improbable.” That Constitutes
Reversible Error in light of this:
We wrote
Another Attorney echoed similar sentiments concerning racist policies as

clearly noted in Plaintiff’s Opposition to 12(b)(6) Relief:
https://www.thestranger.com/news/pot/2015/11/04/23103975/dispensary-files-an-
injunction-to-stopseattles-medical-marijuana-ordinance
NEWSNOV 4, 2015
Dispensary Files an Injunction to Stop Seattle's Medical Marijuana Ordinance
Columbia City Holistic Health recently filed an injunction in King County

Superior Court in hopes of stopping the city from enforcing its medical
marijuana licensing law. Attorney Douglas Hiatt, who's representing the
dispensary, said he asked city officials to stop enforcing the ordinance until
the courts rule on their lawsuit. The lawsuit alleges that the city's regulation
of medical marijuana businesses is unlawful.
But city officials declined Hiatt's request.
14
"Big fuckin' surprise," he said. "They're not going to stop enforcing it
while we litigate it, so I'm filing an injunction."
Hiatt also says the city's law is being applied unevenly and that minority
businesses have received the brunt of the enforcement. "The places that
have actually suffered the raids, those are all minority businesses," he
said. "The ones that we have seen take the most egregious hit are all
minority-owned or they are serving the minority community."
Earlier this month, Pierce County Superior Court judge Frank Cuthbertson
issued an injunction forcing the City of Tacoma to stop its enforcement
campaign against medical pot shops until its pending lawsuits are settled.
Hiatt said he's hopeful that his clients will get a similar reprieve here
in Seattle.
Then there was a statement from an internal staffer also from Plaintiff’s
Opposition Memo:
The public statement of a current WSLCB Licensing staffer who, as if on Oath
publicly stated that the agency is racist in terms of licensing;
https://www.youtube.com/watch?app=desktop&v=fMRNz0gPgUw
#Deepthroat #WSLCB #LCB Whistleblower Decries Agency as "Arbitrary &
Capricious" Fake Cops, Racist.
William Clark Licensing Specialist Senior +15 years in regulatory.
The Agency has a bias against people who use cannabis to start with and the
bias runs “incredibly deep.” They have been biased and it is cronyism…
there has been a major drive to try to appear as if they are being fair and that
equity inclusion is their big issue, however my experiences have led me to
believe that the cronyism and ineptitude are a cover for maliciousness…..
cooperation, fair treatment, treating people as individuals not biased by their
gender, their skin color, absolutely these things exist. They say that they
don’t but I’ve experienced them myself….”
He went on to say “you will not speak in a manner that disparages the
agency or you will not get a promotion.” They definitely don’t have any
standards…. Arbitrary and Capricious, the whole agency is all over the
place. Arbitrary and Capricious that is the most truthful part about them.
15
Regulatory standards? Forget about it. Integrity? There is none.13
C. The Completely False Finding that Plaintiff Saad did not Apply for a
Recreational Cannabis License.
Lastly, but as indicative of this entire process, the Court clearly ignored the
fact that Plaintiff Sami Saad clearly applied for a License in the so-called Equity
Era, only to watch the WSLCB pivot and change its position.
We wrote:
VIII. Sami Saad’s Declaration filed in April in opposition to the State’s Motion to
Dismiss clearly noted that he Applied for a license:
The Court didn’t address any of this even though it was clearly stated in
Plaintiffs’ Memorandum in Opposition; instead falsely stating that Plaintiff
Saad never applied for a license. The fact of the matter is that WSLCB has
refused to provide Mr. Saad’s file (along with the Shelton correspondence
file and the Emerald Haze licensing information) for half a year now but
Plaintiffs have actual proof that that Court is wrong and that he did indeed
apply; see the screenshot below, “all parties have completed the Liquor
Control Board – Licensing Forms.”
13
None of this was of any Moment in the Lower Court; as if it never happened. That is remarkable in and of itself
AT A MOTION TO DISMISS stage for a Plaintiff to be armed with this sort of information and to have it flatly
ignored is a complete travesty of Justice.
16
8. The WSLCB Agents who came to my store were mean-spirited and
offensive and threatened me with Federal tax prosecution for past medical
activity whether or not it was donation-based or from any source, a threat
that I now know to be false and unlawful;
9. Nonetheless I took a chance and accepted the risk and applied for the so-
called “lottery”;
10. I know many others felt too intimidated and recently I met my co-Plaintiff
Kevin Shelton felt that way and decided to walk away under duress;
11. When I applied I received the same icy response from the licensing staff. I
had made a slight mistake on my application and needed to note that I
should have been a Priority 1 instead of Priority 3 and as I was trying to set
that straight they told me initially that they could help me correct that “no
problem” but then flipped and the person working my file initially said was
OK but came back and flat out even though my application was still active:
“Mr. Abdalla you are not going to get any endorsement you need to
withdraw your application” calling me by my Muslim name as an insult;
12. The WSLCB then immediately gave two white Applicants successful
applications not 500 feet from where I once stood;
As such, Mr. Saad’s case clearly needs further review.
17
Furthermore on Remand we can assess the value of Plaintiff Saad’s sworn
and other public statements before the WSLCB about how Ollie Garrett and
State Representative Melanie Morgan are rude, unprofessional and do not
speak for him and his loyal support base. The AP and U.S. News and World
Report issued this yesterday, so now then how can the Lower Court continue
to say that Appellants’ Claims are “improbable?” It cannot. Nor may this
Honorable Court, sitting in Review. We don’t lie or abuse people, but the
Defendants and their cronies do, and everyone knows it. But yet somehow
we have not met the minimum threshold on a 12(b)(6) Motion. Such notion
is ludicrous.
https://www.usnews.com/news/best-states/washington/articles/2022-10-
11/report-lawmaker-engaged-in-abusive-and-bullying-conduct
Report: Lawmaker 'Engaged in Abusive and Bullying Conduct'
A workplace conduct investigation released this week found that Rep. Melanie Morgan
“engaged in abusive and bullying conduct” against a policy analyst for the Social Equity
in Cannabis Task Force on which the Democratic lawmaker served as chair.
By Associated Press
|
Oct. 11, 2022, at 8:27 p.m.14
See generally this link with low turnout because of “The Pandemic.”
https://www.change.org/p/u-s-department-of-justice-justice-for-african-
americans-in-washington-state-s-billion-dollar-cannabis-
industry?fbclid=IwAR0A2RY5sPQr_wbvrrt7miTnDndtP9DWAJ9IuH0c1C-
1BvNwNZ8TQ9oJApQ
14
Again, Rule 201 Judicial Notice is clearly warranted now that International News Sources are supporting
Plaintiffs’ arguments.
18
Justice for AFRICAN AMERICANS forced out of
Washington State's cannabis industry
D. Further Proof of Equal Protection Violations with Tacit Acknowledgment

and False Claims of Ignorance by the Defendants.
Now to this day we continue to see how the WSLCB allowed other white or
non-Black-owned establishments and clubs to openly operate for YEARS until
Plaintiffs and local activist Christopher King, J.D. exposed their wanton
hypocrisy.15
Fact: Defendant Garza wrote Plaintiff Kevin Shelton several weeks ago,
claiming that he didn’t know about places like Vincere’s Cannabis or Red Barn:
15
Mr. King is also the journalist who exposed the fraudulent claims that Shawn Kemp Cannabis was Black-owned
when it launched 2 years ago. His situation that of a small minority owner making big money for white people, fact.
19
Garza, Rick J (LCB) <rick.garza@lcb.wa.gov>
To:James s
Tue, Aug 23 at 2:57 PM
Mr. Shelton, we appreciate you bringing this matter to our attention. As I stated
in my last email, we are investigating the issue you brought to us. It would be
inappropriate for me to share any other information at this time. Again, thank
you.
Sincerely,
Rick Garza
Executive Director
Washington State Liquor and Cannabis Board
*********
This is patently false, and the Court would be well-advised to take the
following under Judicial Notice pursuant to Rule 201:
First of all there were news stories about this location AFTER Plaintiffs
were divested of their operations, even though SB5052 purportedly eliminated
non-medical cannabis:
20
https://komonews.com/news/local/states-last-known-medical-marijuana-exchange-
raided-in-parkland
21
https://pinkboots420.com/2019/01/05/there-really-is-compassion-in-washington-
states-medical-marijuana-community/
22
https://issuu.com/nwleaf/docs/august2014/41
Next, these places have licenses with the State Department of Revenue:
23
The News Tribune knows that the entity is licensed:
The business is licensed with the state as a sole proprietorship under Michael
Deluca, who has no active criminal cases in Pierce County…..A Facebook
page for Vincere’s Compassion Club described it as a club for medical marijuana
users to buy medicine.
Next, Vincere’s and Red Barn are publicly-advertised and non-Black-owned

and promoted on Facebook and Google, and have been for years, even though they
didn’t exist before any of the Black Plaintiffs!
Not only that, there is a duly-licensed recreational cannabis store 100’ feet
away from Vincere’s – Bloom -- so it is impossible that the WSLCB were unaware
of it’s the market’s ongoing presence: The so-called Officers have to walk right
past it to service Bloom two (2) doors down, so who do they think they are
fooling? Not Plaintiffs-Appellants and hopefully not this Honorable Court.16
16
WSLCB, on its own letterhead, finally admitted in 2022 that it had no emergency criminal authority.
24
They allowed it to operate for years and years under different names and
right next door to a licensed cannabis retailer in direct contravention of their stated
position in this case, and that is legally and morally reprehensible conduct,
sanction by all of the Board members including one Ollie Garrett, who appeared at
an Equity meeting without knowing anything about the subject according to Peter
Manning, live on video.
But wait there’s more: The same address is part of a shell game that is also
registered with Dun & Bradstreet. That’s right. It has a DUNS number under
Patient Cannabis Exchange – and that number is 106407334 -- so once again we
have these white people, right out in the open, doing exactly what Plaintiffs are not
allowed to do. Yet the Lower Court found no reason to allow this case past a
12(b)(6) Motion to Dismiss. Incredible.
25
Be that as it may, query, what type of Don Knotts of Mayberry operation is
Defendant Garza operating if they didn’t have knowledge as they raided these
establishments again, only because Plaintiffs and cannabis activist Christopher
King, J.D. exposed the Equal Protection problem that these non-Black operations
are allowed to continue whereas all the Blacks except for Ollie Garrett’s associated
people have been shut down for years.
https://content.govdelivery.com/accounts/WALCB/bulletins/32afe08
As such, Mr. King was absolutely correct on day this summer when he told
the WSLCB that they were “all liars” and this Court must summarily remand this
case for a full review:17
17
Significantly, Plaintiffs-Appellants do not concede that these clubs are illegal. See generally Derby Club v.
Beckett, 41 Wn.2d 869, 252 P.2d 259 (1953).
26
https://youtu.be/PXl_f_kPwoQ?t=6125
LCB Board Meeting September 14, 2022
Board Member Vollendroff clearly has a contemptuous glance at Mr. King, for no
lawful reason but that’s how they are. Pictures don’t lie but they do.
King noted at this September Board meeting that the WSLCB failed to
produce any public records for him with respect to his requests about the above-
mentioned “raid” so that is yet further indicia of the problem here, in addition to
several other items that are lawfully owed to him that the Board continues to hide
for nearly a year now as thoroughly documented in Plaintiff’s Docket No. 38,
Supra.
27
E. Conclusion.
This is not a perfect Brief by any means. That is in large part because we
can’t get any legal help. The NAACP never returned Plaintiff Shelton’s call or
Complaint because he dared to tell the Truth about Nate Miles. That smacks of
cronyism right there. Nate Miles hired lawyers to threaten Defamation but that all
disappeared because of the history of uncontroverted Declarations. The ACLU lied
and told Plaintiffs that they don’t do cannabis cases, another lie. The ACLU has
been directly involved in i502 and 5052, they represent NORML and one of their
attorneys is Alison Holcomb, former ACLU Drug Policy Reform Director; pictures
don’t lie:
28
The Lower Court not-so cleverly ignored the fact that SB5052 created a
nondelegable ongoing duty.
The Lower Court not-so cleverly ignored the fact that the Civil Racketeering
occurred in and after 2020.
The Lower Court not-so cleverly ignored the fact that Plaintiff Sami Saad
filed an Application for recreational license.
Lastly, we come to the clear-cut lies by Defendant Garza that he was
unaware of the ongoing unlicensed (no WSLCB licenses) facilities In the end this
Court is going to do whatever it is going to do.
29
Plaintiffs are used to being lied to, shut out and ignored. It remains to be
seen whether this Court is going to Do the Right Thing or continue on this
Unconstitutional and Treasonous path. Either way this is all being documented for
an International Podcast about the hypocrisy of PNW and United States Cannabis
and Black original and other original medical cannabis professionals have been
shut out of the system in order to promote certain non-Black WSLCB crony friends
and the very occasional raisin in the porridge – Ollie Garrett’s old pal Jim
Buchanan, a convicted criminal. What else is there to say at this point?
30

Black Cannabis WSLCB Lawsuit Exposes Seattle and Washington Racism, Cronyism and Corruption Shelton Et Al. v. WSLCB 3:22-Cv-05135-BHS

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Black Cannabis WSLCB Lawsuit Exposes Seattle and Washington Racism, Cronyism and Corruption Shelton Et Al. v. WSLCB 3:22-Cv-05135-BHS

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END CANNABIS OPPRESSION

AGAINST MEDICAL AND BLACK PROVIDERS

PENDING LAWSUITS THAT THE MEDIA WILL NOT ADDRESS

IN THE UNITED STATES COURT OF APPEALS

JAMES K. SHELTON, BEN SHELTON III AND SAMI SAAD

LIQUOR AND CANNABIS BOARD

REPLY BRIEF OF PLAINTIFFS-APPELLANTS

On Appeal from the United States District Court

1. Appellee Argument Summary………………………………………………………………2

B. The Statute of Limitations has not Run on any Cronyism or Racketeering

C. The Statute of Limitations is Met with Ongoing Equal Protection

D. The Lower Court was Completely Wrong Because Appellant Saad

LAW AND ARGUMENT………………………………….………………….11

Knox v. Davis, 260 F.3d 1009, 1014 (9th Cir. 2001)................................................4

Rizo v. Yovino, No. 16-15372, (9th Cir. 2018) ………......................................11,12

Sec. 6. RCW 69.50.331 and 2013 c 3 s 6 are: ..........................................................3

Pierce County Ordinance No. 2015-27s....................................................................7

Media and Treatises

The Turbulent History of Cannabis Regulatory Enforcement in Washington

Christine Masse, Daniel J. Oates, Christopher Lynch, Andrew G. Murphy,

Cornell Journal of Law and Public Policy Winter 2022……………………….…10

First of all, as previously noted, there is no credence to the Defense that

How Washington State Screwed Over Its Medical Marijuana Dispensaries A

As a result of SB 5052, which mandated that the medical marijuana market

The Appellee’s arguments here are completely unavailing. It is what it is.

First, again from Section VI of Appellants’ Opening Brief:

B. The Statute of Limitations has not Run on any Cronyism or

Again, no specific response from Appellees so these allegations

“….had the Lower Court been paying attention instead of substituting

Moreover, Plaintiffs have repeatedly demonstrated allegations of

Note that the only Black-owned Cannabis facility to obtain any

That means only licensed operations can sell pot, he said.

Exactly how this fails the current, ongoing Equal Protection

Appellees make the argument that Qualified Immunity obtains. With

“We have them intentionally putting us out of business. Intentionally

This was straight from Mr. Manning’s mouth @2:55 et seq:

Black Excellence in Cannabis Blasts WSLCB & Seattle Cannabis

The Turbulent History of Cannabis Regulatory Enforcement in

Christine Masse, Daniel J. Oates, Christopher Lynch, Andrew G. Murphy,

Cornell Journal of Law and Public Policy Winter 2022

LAW AND ARGUMENT

The appellate court's analysis in this case resembles that recently

was sent to:

Jessica Leiser, WSBA# 49349

Leah E. Harris, WSBA# 40815

On this 24th Day of January, 2023

GOOGLE REVIEWS SHOWING CONTINUED OPERATIONS DURING AND AFTER “RAIDS”

Washington state cracking down on

Registered Trade Names

Registered trade names

VINCERE COMPASSION CLUB

Registered trade names

You a damn lie.

Error! Filename not specified.

Registered Trade Names

507 C.C. Active

THE RED BARN Active

Business License Locations

507 COMPASSION CLUB 603437152-001-0001 34011 STATE

I served a true and accurate copy of this

Notice of Supplemental Authority

was sent to:

Jessica Leiser, WSBA# 49349

Ghazal Sharifi, WSBA# 47750